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11.0 Mitigation Monitoring and Reporting Program <br />Avion Project SEIR <br />Page 11-6 <br />E. Avian Protection Requirements - To avoid any direct impacts to Cooper’s hawk, rufous- <br />crowned sparrow, and coastal California gnatcatcher or any species identified as listed, <br />candidate, sensitive, or special status in the MSCP, removal of habitat that supports active <br />nests in the proposed area of disturbance should occur outside of the breeding season for <br />these species (February 1 to September 15). If removal of habitat in the proposed area of <br />disturbance must occur during the breeding season, the Qualified Biologist shall conduct a <br />preconstruction survey to determine the presence or absence of nesting for these three <br />sensitive bird species on the proposed area of disturbance. The preconstruction survey shall <br />be conducted within 10 calendar days prior to the start of construction activities (including <br />removal of vegetation). The applicant shall submit the results of the preconstruction survey <br />to the City’s DSD for review and approval prior to initiating any construction activities. If <br />nesting activities for any of the above-mentioned sensitive bird species are detected, a letter <br />report or mitigation plan in conformance with the City’s Biology Guidelines and applicable <br />state and federal law (i.e., appropriate follow up surveys, monitoring schedules, construction <br />and noise barriers/buffers, etc.) shall be prepared and include proposed measures to be <br />implemented to ensure that take of birds or eggs or disturbance of breeding activities is <br />avoided. The report or mitigation plan shall be submitted to the City for review and approval <br />and implemented to the satisfaction of the City. The City’s MMC Section or Resident <br />Engineer, and Biologist shall verify and approve that all measures identified in the report or <br />mitigation plan are in place prior to and/or during construction. <br />F. Resource Delineation - Prior to construction activities, the Qualified Biologist shall <br />supervise the placement of orange construction fencing or equivalent along the limits of <br />disturbance adjacent to sensitive biological habitats and verify compliance with any other <br />project conditions as shown on the BCME. This phase shall include flagging plant specimens <br />and delimiting buffers to protect sensitive biological resources (e.g., habitats/flora and fauna <br />species, including nesting Cooper’s hawk, rufous-crowned sparrow, and coastal California <br />gnatcatcher) during construction. Appropriate steps/care should be taken to minimize <br />attraction of nest predators to the site. <br />G. Education – Prior to commencement of construction activities, the Qualified Biologist shall <br />meet with the owner/permittee or designee and the construction crew and conduct an on- <br />site educational session regarding the need to avoid impacts outside of the approved <br />construction area and to protect sensitive flora and fauna (e.g., explain the avian and <br />wetland buffers, flag system for removal of invasive species or retention of sensitive plants, <br />and clarify acceptable access routes/methods and staging areas, etc.). <br />II. During Construction <br />A. Monitoring – All construction (including access/staging areas) shall be restricted to areas <br />previously identified, proposed for development/staging, or previously disturbed as shown <br />on “Exhibit A” and/or the BCME. The Qualified Biologist shall monitor construction activities <br />as needed to ensure that construction activities do not encroach into biologically sensitive <br />areas, or cause other similar damage, and that the work plan has been amended to <br />accommodate any sensitive species located during the preconstruction surveys. In addition, <br />the Qualified Biologist shall document field activity via the Consultant Site Visit Record